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CITY OF NEWBERRY v. NEWBERRY ELECTRIC

No. 3589.

352 S.C. 570 (2003)

575 S.E.2d 83

CITY OF NEWBERRY, Appellant, v. NEWBERRY ELECTRIC COOPERATIVE, INC., Respondent.

Court of Appeals of South Carolina.

Decided January 6, 2003.

Attorney(s) appearing for the Case

Robert T. Bockman, of Columbia; and Eugene C. Griffith, Jr., of Newberry, for appellant.

Thomas H. Pope, III, of Pope and Hudgens, of Newberry, for respondent.

SHULER, J.:

The City of Newberry appeals a trial court order denying its request for an injunction barring Newberry Electric Cooperative, Inc., from providing electric service to an annexed area. On en banc rehearing, we adhere to the original decision of the three-judge panel, republished herein, and reverse and remand.

FACTS/PROCEDURAL HISTORY

In February 1974, the City of Newberry annexed approximately...

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